Extracted Text

The following text was automatically extracted from the image on this page using optical character recognition software:

The Southwestern Historical Quarterly

Communication with Richmond was uncertain; it was monthsafter laws were passed by Congress before they were received westof the river. The commanding general received few letters fromchief officials during the winters of 1863-64 and 1864-65. He wasbeset with many difficulties; he had no means; there were con-flicting claims and conflicting authorities; and copies of the lawswhich would have helped him were not received until months aftertheir enactment. Under these circumstances, he had found it nec-essary in 1863, when organizing the cotton bureau, to, assume con-trol over treasury agents. in the department. In December, 1864,the question of his authority to do this came up in the house, andthe president was requested to submit to, that body copies of allinstructions from the secretary of war to General Smith by whichthe latter claimed the right to assume control over agents of thetreasury. The data was submitted January 25, 1865, but so faras can be determined no action was taken.37In this matter of granting civil powers, then, it seems that theexecutive officers early realized the necessity that some such author-ity be given to the commander of the department, but were un-willing to commit themselves definitely; that Congress was silenton the question of the control by the general of the non-militaryagencies it established in the department; that the executive officers,after the meeting of Congress, were inclined to interpret the dele-gation of power as extending over the civil administration, butthey saved themselves by artfully inserting the qualifying phrase"so far as the constitution permits"; and that when General Smith,under pressure of necessity, assumed some of those functions, theauthorities at Richmond acquiesced.(Continued)"Journal of Cog. of C. S., VII, 403-404; also see Seddon to Davis,January 23, 1865. Off. Res., LIII, 1309.